eCommerce Terms of Sale
Definitions used in these terms
Sales, Use, Value Add, Transaction and other Tax Policy
Third-Party Products and Third-Party Software
Limits of Liability
International and U.S. Territory Shipping
Price and/or Description Changes
Price, Availability, Website Errors
These eCommerce Terms of Sale, including all license agreements, warranty terms, and third party products and software terms referenced herein (the "Terms & Conditions", also referred to as “this agreement”) apply to all sale transactions, including, but not limited to, quotations and offers and order confirmation emails, all made out by Leica Geosystems AG or its Affiliate (as defined below), pursuant to which Leica Geosystems sells items (including hardware and software) to the buyer (“You” or "Buyer"), when purchasing Products through the eCommerce Store.
These are the exclusive terms that apply when You purchase Products, Third-Party Products, Software and Third-Party Software (as those terms are defined below) through the eCommerce Store. The contract between You and the Seller (as defined below) comprises these Terms & Conditions and any additional terms in an order confirmation email from Seller or from Quivers, Seller’s fulfiller with respect to some Products.
“Affiliate” means those entities that control, are controlled by, or are under common control with Seller, where “control” means at least fifty percent (50%) of the outstanding voting shares or securities or membership interests; and in countries where fifty percent (50%) foreign ownership is not permitted, “control” means at least forty percent (40%) voting shares or securities or membership interests.
“eCommerce Store” means shop.leica-geosystems.com and websites operated by the Seller that link from or are contained within that domain.
“Person” means a company or individual.
“Products” means the goods sold through the eCommerce Store, excluding Third-Party Products.
“Seller” means Leica Geosystems AG and its Affiliates that may fulfill any order under these terms or otherwise perform under this agreement.
“Software” means software licensed by the Seller or its Affiliates, and excludes Third-Party Products and Third-Party Software.
“Third-Party Products” means goods manufactured by a Person other than the Seller or its Affiliates.
“Third-party Software” means software licensed by Seller or its Affiliates or by a third party and developed by a Person other than the Seller or its Affiliates.
Please follow the instructions for returns provided in your order confirmation e-mail.
If you ordered Autodesk® ReCap™ 360 software, or another third party software or product, the terms relating to cancelation are between you and Autodesk Inc. or the third party.
- Original delivery fees are refunded only if returns are for defective products, products that were not described accurately, or incorrect orders. Please call Quivers or Seller (according to the instructions in Your confirmation email) to arrange these returns .
- You are responsible for shipping the products back to us. We recommend using a trackable shipping method.
- Individual products may be excluded from this guarantee. Check the product description before you place your order.
- Credit for returned items will be applied to the credit method that was used to make the purchase. Returns will be applied to the purchasing credit card within 5 to 10 days of the date that the return is accepted by the fulfiller.
All prices are pre-tax. All sales, use, value add, transaction or any other kind of tax are added to the price, in a manner that depends on the fulfiller of the order.
A. Fulfillment Through Quivers
Most orders are fulfilled through Quivers. In the vast majority of cases, when orders are fulfilled through Quivers, U.S. sales taxes do not apply to purchases made on the eCommerce Store. However, there are some cases where U.S. sales tax may apply due to individual U.S. state tax laws. Since Leica Geosystems does not know which dealer or Leica Geosystems distribution center will ship an order at the time of purchase, in the rare case where U.S. sales tax is due Your card will automatically be reauthorized for the order amount plus tax. Other value add, transaction or similar taxes for other jurisdictions outside of the U.S. will be charged to your account as an addition to the sales price, subject to applicable law.
B. Fulfillment Not Through Quivers
Orders for the BLK360, along with any other products ordered on the same order with the BLK360, including the order of an Autodesk® ReCap™ 360 software subscription that is included with your BLK360 order, are not fulfilled through Quivers. In that case, sales or use tax in the US (if you have the BLK360 shipped to your US address), value added, or any kind of transaction tax, will be charged automatically to your card, invoice or other payment method.
We accept these payment methods:
- Credit Cards: American Express, Discover, MasterCard and Visa
- Leica credit, if you have a credit account with the Seller or an authorized eCommerce Sales Representative.
The billing address you provide must match the billing address that is on file with the financial institution that issued the credit card. If a credit card authorization fails, we reserve the right to cancel your order without notifying you.
Quivers and the seller cannot resolve credit card problems with your financial institution if a credit card is declined. It is your responsibility, as a consumer, to settle credit card problems with the issuing institution.
A. Third-Party Products and Third-Party Software Generally
Seller may offer Third-Party Products and Third-Party Software on the eCommerce Store. Warranty, use (or license) terms and other important terms regarding those Third-Party Products and Third-Party Software are on the eCommerce Store. The applicable terms related to the Third-Party Products and Third-Party Software on the eCommerce Store are the sole and exclusive terms governing the warranty, right to use and other subject matter of the Third Party Products and Third-Party Software. SELLER MAKES NO WARRANTY REGARDING THIRD-PARTY PRODUCTS, EXPRESS OR IMPLIED, WRITTEN OR ORAL, AND SELLER HEREBY DISCLAIMS ALL IMPLIED WARRANTIES OR WARRANTIES IMPOSED BY LAW (INCLUDING, WITHOUT LIMITATION, WARRANTIES OF DESCRIPTION, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND ALL WARRANTIES OF COURSE OF DEALING OR USAGE OF TRADE) REGARDING THIRD-PARTY PRODUCTS TO THE EXTENT PERMISSIBLE.
B. One-year Subscription of Autodesk® Recap™ with BLK360
When You order a BLK360, You may receive a one-year subscription to BLK360 (as and if stated in your order confirmation). Autodesk Inc. or its Affiliate will activate your subscription by sending an email to you. The terms of the subscription are set out in the Autodesk Subscription Terms and Conditions posted at www.autodesk.com/terms, or in such other document as Autodesk Inc. or its Affiliate may determine from time to time. Autodesk® Recap™ is a Third-Party Software
Seller licenses Software according to the Software License Agreement available at http://leica-geosystems.com/about-us/compliance-standards/legal-documen… (under the heading “Software License Agreement - Terrestrial Laser Scanning”). The Software warranty is set forth in the Software License Agreement.
Buyer acknowledges that Seller owns (as between Seller and Buyer) and will retain all ownership in the intellectual property relating to the Software and the Products, including, without limitation, copyright, trademark, trade secret, know-how, database, design and patent rights, and all tangible and intangible components thereof, and any improvements, modifications, design contributions or derivative works thereto or thereof conceived or created by either party, whenever developed (the "Seller Intellectual Property").
Buyer will not decode, reverse engineer, reprint, transcribe or reproduce, in whole or in part, the Products and Software. Notwithstanding the foregoing, if You reside in a country that is a member of the European Economic Area and Switzerland (“European Community”), nothing shall limit Your rights if the conditions of Article 6.1 of the EC Council Directive 14 May 1991 on the legal protection of computer programs (the “Directive”) are met, subject to the further condition precedent that You have provided Seller with a written request for the information purportedly required to achieve interoperability, and Seller has been unable to provide the information within 45 days of Your request. No decompilation permitted in accordance with the Directive shall take place nor shall any information obtained from any such decompilation or resulting interoperable product be transferred outside the member states of the European Community. Without limiting the materiality of any other term of this Agreement, the failure of Buyer to comply with the provisions of this section will be a material breach of this agreement.
Buyer acknowledges that software or other intellectual property provided by a third-party licensor of Seller ("Third-Party Intellectual Property") may be incorporated in the Products. Third-Party Products, Software and Third-Party Software. Buyer will abide by the applicable terms and conditions with respect to such Third-Party Intellectual Property, whether set forth in the Product, Software, Third-Party Product or Third-Party Software documentation, "read me" files contained in the Third-Party Product or Third-Party Software, or otherwise. Unless so provided for, any Third-Party Intellectual Property will be governed by these Terms & Conditions.
Buyer will notify Seller immediately upon discovery of any unauthorized use, copying or disclosure of the Seller Intellectual Property or Third-Party Intellectual Property.
Use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data clause at DFARS 252.227-7013. The U.S. Government shall have no greater rights in software provided hereunder except as provided in FAR 52.227-19 (Commercial Computer Software License).
Products (other than Third-Party Products and Third-Party Software, which are subject to separate warranty terms) are warranted in accordance with the International Limited Warranty available at http://leica-geosystems.com/about-us/compliance-standards/legal-documen….
EXCEPT AS EXPRESSLY SET FORTH IN THE APPLICABLE WARRANTY, SELLER MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, WRITTEN OR ORAL, RELATING TO THE PRODUCTS, SOFTWARE, THIRD-PARTY PRODUCTS, AND THIRD-PARTY SOFTWARE, OR THE PERFORMANCE OF ITS OBLIGATIONS UNDER THESE TERMS & CONDITIONS. SELLER HEREBY DISCLAIMS ALL IMPLIED WARRANTIES OR WARRANTIES IMPOSED BY LAW (INCLUDING, WITHOUT LIMITATION, WARRANTIES AGAINST INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND ALL WARRANTIES OF COURSE OF DEALING OR USAGE OF TRADE) TO THE EXTENT PERMISSIBLE.
SELLER WILL NOT BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, LOSS OF USE, GOODWILL OR BUSINESS INTERRUPTIONS) ARISING OUT OF OR RELATING TO THESE TERMS & CONDITIONS AND THE PRODUCTS, THE SOFTWARE, THE THIRD-PARTY PRODUCTS AND THE THIRD-PARTY SOFTWARE, EVEN IF SELLER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SELLER'S TOTAL LIABILITY FOR ALL OTHER DAMAGES SHALL NOT EXCEED THE AMOUNT RECEIVED OR DUE FROM BUYER FOR THE PRODUCTS, SOFTWARE, THIRD-PARTY SOFTWARE AND THIRD-PARTY PRODUCTS THAT GAVE RISE TO THE DAMAGES.
The limitation of liability set forth above will not apply to death or personal injury resulting from Seller's negligence to the extent such limitation of liability is prohibited under applicable law.
If You order from a website that provides shipping to international locations or US territories, these shipping destinations are identified at checkout. When You begin checkout, available shipping destinations can be selected from pull-down menus for Region and Country. If Your desired destination is not included in the available selections, Seller cannot ship orders to it.
All prices, pictures, and descriptions on this website are subject to change. Seller maintains no responsibility for inadvertent errors. Contact Seller (or Quivers, according to the instructions in Your order confirmation) within 30 days regarding price or promotion discrepancies. If You do not contact the Seller (or Quivers) within 30 days, You will have no recourse against Seller.
When You place Your order with Seller, You agree to the price and terms indicated on this website. Price differences related to future or past prices in our store or any other store are not refundable.
You agree to indemnify, defend, and hold harmless Quivers, its affiliates, officers, directors, employees, consultants, and agents from any and all claims, liability (including product liability), damages, and/or costs (including, but not limited to, attorneys' fees) that arise from Your use of any of Quivers's services.
Prices and availability of Products and Third-Party Products are subject to change without notice. Errors will be corrected where and when discovered. Leica Geosystems reserves the right to revoke any stated offer, cancel orders, and to correct any errors, inaccuracies or omissions in any stated offer or price, including after an order has been submitted and whether or not the order has been confirmed and Your payment processed.
If Your payment has already been processed for the purchase when Your order is cancelled, Leica Geosystems will issue a credit to the payment method used in the amount of the charge. Individual bank policies will dictate when this amount is credited to Your account.
Buyer shall provide Seller with such information, documentation and assistance as Seller requests to enable Seller to sell and export the Products, Software, Third-Party Products and Third-Party Software (as applicable) to Buyer and to comply with all applicable laws, rules, regulations, orders and treaties in respect thereof. Buyer represents and warrants to Seller that all such information and documentation will be true, accurate and complete.
Buyer shall not sell, export, re-export or transship -- or use or permit the use of -- any of the Products, Software, Third-Party Products or Third-Party Software in contravention of any applicable United States or international law, rule, regulation, order or treaty from time to time in effect respecting the sale, export, re-export, transshipment or use of the Products, Software, Third-Party Products or Third-Party Software including, without limitation, any such law, rule, regulation, order or treaty respecting the trafficking in arms, terrorism, anti-terrorism, boycotts, anti-boycotts or other matters respecting the Products, Software, Third-Party Products or Third-Party Software. Buyer acknowledges and confirms that any sale, export, re-export, transshipment or use of any of the Products, Software, Third-Party Products or Third-Party Software contrary to any such law, rule, regulation, order or treaty is contrary to United States law and is forbidden. Buyer will not permit any such contravention. Buyer also represents and warrants to Seller that is familiar with or that it will promptly become familiar with, and that it will remain familiar with all such laws, rules, regulations, orders and treaties.
Buyer shall indemnify Seller (and its Affiliates) and its officers, directors and employees against any liability and hold each of them harmless from and pay any loss, damage, cost, expense or fine (including, without limitation, legal fees and disbursements, court costs and the cost of appellate proceedings) arising out of or in connection with (i) any of the foregoing representation's or warranty's being incorrect, or (ii) any claim or other allegation alleging facts which, if true, would constitute a beach of any such representation or warranty, or (iii) the breach of any of its commitments under this section.
Leica Geosystems AG may delegate, without notice, its rights and obligations under this agreement to its Affiliates. Those Affiliates are third-party beneficiaries under this agreement.
If a court invalidates any right or restriction herein that is not essential to the commercial purpose hereof, then the remainder of these Terms & Conditions will remain in full force and effect. To the extent legally permissible, the parties will replace any illegal, invalid or unenforceable provision hereof with a valid provision that implements the commercial purpose of the replaced provision.
These Terms & Conditions constitute the entire agreement and understanding between the parties and supersedes all previous understandings, agreements, communications and representations, whether written or oral, concerning the subject matter of these Terms & Conditions. Seller may amend, modify or supplement these Terms & Conditions only by a writing that expressly refers to these Terms & Conditions and is signed by the Seller.
If any legal action is brought to collect moneys due here under, the prevailing party shall be entitled to receive its attorneys' fees and court costs in addition to any other relief it may receive.
These Terms & Conditions will be binding upon and will inure to the benefit of the parties and their respective successors and permitted assigns.
If Seller's performance is prevented, hindered or delayed by reason of any cause beyond the reasonable control of Seller (any such event being hereafter called an "Event"), such as acts of God, riots, fires, floods, unusually severe weather, extreme heat or cold, power or communications failures, acts or omissions of suppliers, transportation delays, unavailability of supplies or materials, acts or omissions of civil or military authorities, war, acts of terrorism or embargoes, strikes, lockouts or other labor disputes, then Seller will be excused from performance to the extent that its performance is prevented, hindered or delayed. Seller will give Buyer notice specifying the Event, the performance affected and the anticipated date, if any, by which performance can be made. Such excuse from performance will extend so long as the Event continues to prevent, hinder or delay Seller's performance but Buyer will be entitled to terminate any performance of Seller if such performance is prevented, hindered or delayed for more than 40 days.
These Terms & Conditions will be interpreted and enforced in accordance with:
- the law of the state of Delaware, USA, for purchases You make from Canada, the US or Mexico;
- the law of Switzerland, for purchases You make from the European Community,
- the law of the Republic of Singapore, for purchases You make from Australia, New Zealand, Indonesia, Malaysia, the People’s Republic of China, Hong Kong, Taiwan (Republic of China), South Korea, Japan, Thailand, Vietnam, Cambodia, Laos, the Philippines, and
- the law of England and Wales, otherwise.
Any controversy or claim arising out of or relating to this agreement, or the breach thereof, shall be determined by arbitration administered by the International Centre for Dispute Resolution in accordance with its International Arbitration Rules. The arbitration shall take place in the capital of the country whose law applies to the interpretation and enforcement of this agreement. The arbitration shall be in English.